Regulatory
REGULATORY NEWS FOR WEEK OF FEBRUARY 24, 2020
Canadian Federal News
The objective of the Regulations Amending the Transportation of Dangerous Goods Regulations (Formatting Changes) is to revise the TDGR format to be consistent with JUS formatting standards and ensure that an official consolidated version of the TDGR is easily accessible to all Canadians on the Justice Laws Website.
MINIMIZING THE RISK OF EXPOSURE TO COVID-19 CORONAVIRUS DISEASE IN CANADA ORDER (PERSONS NOT ON GOVERNMENT FLIGHT) in order to protect the health of travellers who have or may have been exposed to the COVID-19 coronavirus disease outbreak, as well as the health and safety of the general public through heightened oversight of all individuals arriving in Canada from an outbreak area (i.e. high contagion risk), but who have either declined the Government of Canada’s express action to bring Canadians home or are foreign nationals not eligible for the repatriation effort.
The Canada Gazette II publication for Wednesday February 19th included 4 notices of Significant New Activity orders along with the publication of 37 new substances to the Domestic Substances List.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that benzoxazole, 2,2’-(1,4-naphthalenediyl)bis- (CAS RN 5089-22-5) (fluorescent brightener 367) does not meet the criteria under paragraph 64(c) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
The second phase of consultations, launched on February 14, 2020, gives stakeholders an opportunity to provide feedback on TRQ allocation and administration policy options for supply-managed products. The options presented for consideration are the result of the feedback received from participants in the first phase of stakeholder engagement and discussions with partner departments. The feedback received from this second phase of the consultations will guide the creation of the final policies and inform the decision of the Minister of Small Business, Export Promotion and International Trade. The long-term allocation and administration policies for each TRQ will be published on September 1, 2020.
The Canadian Food Inspection Agency (CFIA) will begin adjusting its fees based on the CPI starting March 31, 2020, and every March 31 going forward.
Environment and Climate Change Canada (ECCC) is adjusting fees for new substances notifications filed under the New Substances Notification Regulations (Chemicals and Polymers).
The work of the Canada Organic Regime team is still ongoing regarding the incorporation of the organic import requirements in Part 13 of the Safe Food for Canadians Regulations into the Automated Import Reference System (AIRS). The purpose of this notice is to inform you that in March 2020, the organic import requirements for seeds and grains from chapter 07 will be published in AIRS. This update covers dried leguminous vegetables.
The CBSA Assessment and Revenue Management (CARM) project is a multi-year initiative that will transform the collection of tax and duty for goods imported into Canada. Through CARM, the CBSA will modernize and streamline the process of importing commercial goods into Canada. he implementation of CARM is structured in a series of releases. The Accounts Receivable Ledger (ARL) was the first phase of the CARM project. For details on ARL, consult the Commercial Payments and Accounts section of our website.
- Spring 2020: Complete movement of the existing ARL system from its existing data centre configuration to the cloud, with no changes in functionality for external users.
- Fall 2020: The first release of new functionality under CARM, will provide trade chain partners with new tools for managing their accounts with CBSA, including an online client self-service portal, and online invoicing and payments.
- Spring 2021: The second release will introduce additional functionality for trade chain partners such as registration, enrolment and electronic declarations with versioning.
Canadian Provincial News
The Government of Alberta is reviewing regulations for the commercial transportation industry to reduce red tape and remove redundant regulations on job creators.
Join us for Repetitive Injury (RSI) Awareness Day February 28 #RSIday. The MFL Occupational Health Centre is holding its annual Hands On Ergonomics event on February 28 to help raise awareness for Repetitive Strain Injury (RSI) Awareness Day . This is a free and public event open to all safety professionals, safety and health committee co-chairs and committee members, and those who work in or who are interested in working in ergonomics.
(Mondaq – Stringer, LLP) – An Ontario Court may have altered the legal landscape with respect to sentencing corporations convicted of offences under the Occupational Health and Safety Act (the “OHSA”).
If you have designated substances in your workplace, you need to know that Ontario has made changes to O. Reg. 490/09 – Designated Substances, including a new medical surveillance code. These changes took effect January 1, 2020.
A designated substance is a biological, chemical or physical agent or combination considered so hazardous that worker exposure is prohibited, regulated, restricted, limited or controlled. Under O. Reg. 490/09, these 11 chemical agents are prescribed as designated substances:
- acrylonitrile
- arsenic
- asbestos
- benzene
- coke oven emissions
- ethylene oxide
- isocyanates
- lead
- mercury
- silica, and
- vinyl chloride.
Exposure to these substances may cause cancer, strong allergic reactions, liver and lung disorders, and damage to the nervous system. Depending on the substance, symptoms may appear immediately or only over time.
Yukon’s minimum wage will increase to $13.71 per hour on April 1, up from $12.71. This change represents a two-per-cent increase based on the 2019 Consumer Price Index for Whitehorse plus an additional $0.75.
US News
March 2, 2020, is the deadline for electronically reporting your OSHA Form 300A data for calendar year 2019. Collection began January 2, 2020.
Submission of Tier II form is required under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The purpose of this form is to provide State, local officials, and the public with specific information on potential hazards. This includes the locations, as well as the amount, of hazardous chemicals present at your facility during the previous calendar year. Some states may have specific requirements for reporting and submission of the Tier II inventory form and/or the state reporting form or format. EPA suggests that facilities contact their state for state specific reporting requirements.
The U.S. Environmental Protection Agency (EPA) took another important step carrying out Administrator Andrew Wheeler’s directive to reduce animal testing.
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration released data following the first weeks of operation of its Commercial Driver’s License Drug and Alcohol Clearinghouse. The information released showed that the clearinghouse has detected and identified nearly 8,000 positive substance abuse tests of commercial drivers since January 6, 2020. The clearinghouse now has more than 650,000 registrants.
On February 24, 2020, DTSC will host a public meeting to discuss its proposal to list nail products containing methyl methacrylate (MMA) as a Priority Product with a Chemical of Concern under the Safer Consumer Products (SCP) regulations. DTSC’s findings on nail products containing MMA are summarized in a draft Product-Chemical Profile.
EPA is proposing these SNURs under TSCA section 5(a)(2) for chemical substances which were the subjects of PMNs P-18-58, P-18-126, P-18-199, P-18-367, P-19-158, and P-19-164. These proposed SNURs would require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity.
The Department of Transportation Office of Drug and Alcohol Policy and Compliance has issued a notice regarding the removal of hemp as a controlled substance and information on cannabidiol.
International News
The International Agency for Research on Cancer (IARC) is pleased to announce that the IARC Monographs volume on some nitrobenzenes and other industrial chemicals is now available online.
This volume includes eight monographs: 2-chloronitrobenzene, 4-chloronitrobenzene, 1,4-dichloro-2-nitrobenzene, 2,4-dichloro-1-nitrobenzene, 2-amino-4-chlorophenol, ortho-phenylenediamine and ortho-phenylenediamine dihydrochloride, para-nitroanisole, and N,N-dimethylacetamide.
(European Coatings) – The European Union just published the official delegated regulation to classify titanium dioxide as a suspected carcinogen by inhalation. The decision will be applicable after a transitional period. The European coatings industry is criticizing this decision.
Alkanes, C14-17, chloro – more commonly referred to as medium-chain chlorinated paraffins
(MCCPs, CAS no. 85535-85-9) – was originally selected for substance evaluation in order to
clarify concerns. The evaluation of the available information on the substance has led the evaluating Member State Competent Authority (eMSCA) to the following conclusions:
- Need for follow-up regulatory action at EU level
- Identification as Substance of Very High Concern (SVHC), and
- Restrictions
Other Relevant Information
Safety Share
The Ontario Ministry of Labour, Training and Skills Development is reviewing the current pre-start health and safety review requirements, also known as pre-start review (PSR) requirements, to ensure that they continue to reflect the realities of today’s workplaces. Under the Occupational Health and Safety Act (OHSA) requires that a pre-start health and safety review be carried out on certain machinery, protective elements, structures and processes before they are put into service for the first time or if modifications are needed (see subsection 7(2)).
Have you received a call from Public Safety Canada asking for personal information? This could include your Social Insurance Number (SIN), passwords, or banking details. This is a scam. Fraudsters can mask their phone number to appear like ours. We won’t ask for sensitive information over the phone. If you believe you’ve been the victim of fraud, or attempted fraud, please report it to the Canadian Anti-Fraud Centre.
Bullying is a major problem in our schools, workplaces, homes, and online. On February 26, 2020, we encourage everyone to practice kindness and wear pink to symbolize that you
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